Cal. Code Regs. tit. 3 § 6762

Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 6762 - Field Work During Pesticide Application
(a) The requirements of this section are minimum requirements established by the U. S. Environmental Protection Agency and do not assure compliance with the general standard in section 6614.
(b) No employer shall direct or allow any person, other than the persons making the application, to enter or remain in a treated area of a field during the application.
(c) When pesticides are used for the commercial or research production of an agricultural commodity, no employer shall direct or allow any person, other than the persons making the application, to enter or remain in the application exclusion zone, as specified below.
(1) If the pesticide is applied for outdoor production, the application exclusion zone is defined as follows:
(A) the area that extends 100 feet horizontally from the application equipment in all directions during application when the pesticide is applied by any of the following methods: aerially; air blast; as a fumigant, smoke, mist, or fog; or as a fine spray using a spray.
(B) the area that extends 25 feet horizontally from the application equipment in all directions during application when the pesticide is applied in a manner not specified in (1)(A) and is sprayed from a height of greater than 12 inches from the soil or planting medium using at least a medium spray.
(C) There is no application exclusion zone when the pesticide is applied in a manner other than those in subsections (1)(A) and (1)(B).
(2) If the pesticide is applied for enclosed space production, the application exclusion zone is defined as follows:
(A) The entire enclosed space plus any adjacent area that is not sealed (sufficient to prevent pesticide transfer) from the treatment site when the pesticide is applied as a space treatment (fumigant, smoke, fog, aerosol, or mist) or is a pesticide for which the product labeling requires respiratory protection until ventilation criteria have been met.
(B) The entire enclosed space when the pesticide is applied using a fine spray until the ventilation criteria has been met.
(C) The treatment site plus 25 feet in all directions within the enclosed space when the pesticide is applied as a spray from a height greater than 12 inches from the soil or other planting medium, or as a spray of medium or larger.
(3) There is no application exclusion zone when the pesticide is applied in a manner other than those in subsection (2)(A) and (2)(B).
(d) The American Society of Agricultural and Biological Engineers (ASABE) S 572.1 or comparable standard may be used to measure and interpret spray quality (fine, medium, or larger than medium) as used in this section.

Cal. Code Regs. Tit. 3, § 6762

1. Amendment of section and NOTE filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
2. Amendment filed 10-17-2016; operative 1-2-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).

Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

1. Amendment of section and Note filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d)(Register 97, No. 1).
2. Amendment filed 10-17-2016; operative 1/2/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).